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(영문) 부산지방법원 2015.03.04 2014고단8228
공갈등
Text

Imprisonment with prison labor for each of the crimes of subparagraphs 1 and 2 of the holding of the defendant, and for each of the crimes of Articles 3 through 6 of the holding of the defendant.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to two years of imprisonment with prison labor at the Busan District Court for the obstruction of performance of official duties, etc. and the said judgment became final and conclusive on the 19th of the same month. On January 22, 2014, the same court sentenced two years of suspension of execution to six months of imprisonment with prison labor for the obstruction of business and the said judgment became final and conclusive on the 30th

1. Around 21:00 on August 1, 2013, the Defendant assaulted the victim at one time on the victim’s shoulder by drinking while taking a bath against the victim, who is a business owner in the future of the Busan East-gu C market, as he saws a trial cost to E who is a business owner in the future of the D market in the Busan-dong C market and takes a shelter from the victim F (F) who is a business owner in the vicinity of the D market.

2. Around 20:00 on August 2013, the Defendant: (a) expressed the attitude of having been sentenced to a fine on the part of the victim E (V, 63 years old) in front of the route operated by the Busan East-gu C market; (b) on the part of the victim E (V), he was sentenced to a fine on the part of the victim; and (c) expressed the attitude of causing any harm to the victim; and (d) expressed that “the victim was punished by a fine due to weather, bit of bitch, bit of a bit

3. On May 17, 2014, the Defendant: (a) around 17:00 in the middle of May, 2014, at the “H restaurant” operated by the Victim G (Y, 52 years of age) of the Busan East-gu, the Defendant arbitrarily extracted the amount of KRW 2 disease and market value of KRW 6,00,00 from the “H restaurant”; and (b) the Defendant, who requested the victim to pay the drinking value from the victim, took a bath to the victim; (c) obstructed the victim’s restaurant business by having the customer go out of the restaurant; and (d) had the customer go out of the restaurant, and at the same time, acquired pecuniary benefits equivalent to KRW 6,00,00 by having the victim frightened with the view of showing what kind of harm to the victim.

Accordingly, the defendant acquired property benefits by joining the victim, and at the same time interfered with the victim's restaurant business by force.

4. Performance of official duties by deceptive means.

A. The Defendant around 11:35 on May 31, 2014, to Busan East-gu I.

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